TERMS OF USE
Last Updated: May 19, 2009
1. Introduction.
Please read these terms and conditions carefully before using www.edsteps.org (“the Web Site”) operated by the Council of Chief State School Officers (“CCSSO”). Among other functions, the Web Site allows registered users to submit certain student work for the purposes of using a process for assessing the skill level of the assembled work; and presenting examples of the assembled work at different levels of mastery on a Web Site as a means of demonstrating appropriate skill expectations at different age and grade levels (the "Project").
The services, content and messages provided by CCSSO through the Web Site (“Services”) and the use of the Web Site are governed by these terms and conditions (the “Terms and Conditions”). By accessing or using the Web Site or by registering on the Web Site, you (the "User" or "You") agree that (1) You have read and familiarized yourself with these Terms and Conditions, (2) You understand the Terms and Conditions, and (3) You are bound by the Terms and Conditions in your use of the Web Site. If You do not agree to the Terms and Conditions, You may not access or use the Web Site. These Terms and Conditions together with any additional terms and conditions specific to a particular service contained on the Web Site (which are incorporated herein by reference), constitute the entire agreement (the “Agreement”) between CCSSO and You regarding this subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.
If You do not agree to the Terms and Conditions and/or the agreement, you may not access or use the Web Site AND ARE ASKED TO LEAVE.
IF YOU ARE UNDER THE AGE OF 18, HAVE YOUR PARENTS REVIEW AND DISCUSS THESE Terms and Conditions and THIS AGREEMENT WITH YOU, AND GET THEIR PERMISSION, BEFORE USING THE WEB SITE.
2. Eligibility for Access to Web Site.
Our Services and the Web Site are not available to, and may not be used by, temporarily or indefinitely suspended Users. If you do not qualify, please do not use our Services. If you are accessing our Services and/or the Web Site as a business entity, by agreeing to these Terms and Conditions You represent that You have the authority to bind that business entity to these Terms and Conditions. CCSSO may, in its sole and absolute discretion, refuse to allow use of the Web Site or accept a person’s, or entity’s, registration and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Services and/or Web Site for any reason or for no reason, in CCSSO's sole discretion.
3. DISCLAIMER OF WARRANTIES.
THE SERVICES AND THE WEB SITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEB SITE, ARE ACCESSED AT YOUR OWN RISK AND ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CCSSO DOES NOT WARRANT THAT THE SERVICES, THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEB SITE, WILL BE TIMELY, SECURED, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
CCSSO MAKES NO WARRANTY THAT THE SERVICES OR THE WEB SITE WILL MEET USER’S REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS, WARRANTIES OR GUARANTEES. IF A USER IS DISSATISFIED WITH THE SERVICES OR THE WEB SITE, THE USER’S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND/OR THE WEB SITE. CCSSO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY SERVICES OR THE WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY USER FROM CCSSO OR THROUGH THE SERVICES OR WEB SITE SHALL CREATE ANY WARRANTY. CCSSO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OR THIRD PARTY SERVICE PROVIDERS.
CCSSO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING SERVICES OR THIS WEB SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CCSSO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
4. LIMITATION OF LIABILITY.
IN NO EVENT SHALL CCSSO BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL OR LOST SALES.
5. Indemnity and Release.
5.1 User agrees to indemnify and hold CCSSO, and its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the User's use of the Services or the Web Site, your violation of the Terms and Conditions, the Agreement and/or the Privacy Policy, your violation of any rights of another, or your violation of any federal, state or other law, rule, regulation in the United States or any other country in the world or any breach of any of your representations, warranties and/or covenants related thereto.
5.2 User and each of their successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge CCSSO and each of and its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the User's use of the Web Site or the Services.
6. Information Submitted by the User.
6.1 "User Information" is defined as any information or content (including but not limited to text, data, photographs, graphics, video or audio files) that You provide to the Web Site, or in any public message area (including the contact or the feedback area) or through any email feature as run by the Web Site from time to time, other than any information or content You provide for the Project pursuant to the Registration Agreement at www.edsteps.org. The User is solely responsible for User Information and the Web Site acts as a passive conveyer of User Information.
6.2 By submitting any material to the Web Site, the User automatically grants CCSSO a royalty free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, edit, adapt, analyze, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or later developed for the full term of any rights that may exist in such content. The User acknowledges that CCSSO is not obliged to publish any material submitted by the User.
7. User Information and Conduct.
7.1 User Information and the User's activities on the Web Site must not:
7.1.1 be false, inaccurate or misleading;
7.1.2 be fraudulent in nature;
7.1.3 violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
7.1.4 be offensive or menacing, abusive, defamatory, libelous, unlawfully threatening or unlawfully harassing, obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content.
7.1.5 breach copyright, confidentiality, or any other rights, infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights to publicity or privacy;
7.1.6 contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
7.1.7 interfere with or disrupt computer networks connected to the Services or the Web Site;
7.1.8 use the Services or the Web Site in such a manner as to gain unauthorized entry or access to the computer systems of others;
7.1.9 create liability for CCSSO or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
7.1.10 interfere with or disrupt the use of the Services or the Web Site by any other user, nor "stalk", threaten, or in any manner harass another user;
7.1.11 upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any commercial transactions other than as expressly provided for herein;
7.1.12 reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or the Web Site, or any component thereof (including, but not limited to any materials or information accessible through the Web Site).
7.2 Except for public domain material, this Web Site is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the material at this site ("Content") while connected to this Web Site (including, where available, to email individual Content directly from this site). You are also granted a limited license to print one copy of any Content posted at the site, but only for your personal use. Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to or deletion of author attribution or copyright notices are prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other web sites also is strictly prohibited. You may not display this website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us through our feedback form. You may, however, establish ordinary links to our site without our written permission.
8. Breach.
Without limiting any other remedies available to CCSSO at law, in equity or under this Agreement, CCSSO has the right to limit your activity on the Web Site, immediately issue a warning, suspend or terminate your User registration and/or refuse to provide any of the Services to the User without notice to the User for any of the following reasons:
8.1.1 the User breaches the Terms and Conditions, Privacy Policy and/or this Agreement;
8.1.2 CCSSO is unable to verify or authenticate any information submitted by You through the Web Site to the satisfaction of CCSSO;
8.1.3 if CCSSO, in its sole discretion, believes it is in the best interest of CCSSO, its Web Site and/or other Users; or
8.1.4 CCSSO, in its sole discretion, believes that the User has directly or indirectly engaged in misrepresentation, fraudulent or illegal activity in connection with the Web Site.
9. Privacy.
The Web Site has a Privacy Policy which is hereby incorporated into this Agreement. Therefore it is necessary that the User read and agree to the Privacy Policy prior to accepting these Terms and Conditions. Read the Privacy Policy in full by clicking www.edsteps.org.
10. Copyright and Trademarks.
10.1 The contents of the Web Site are protected by international copyright laws and other intellectual property rights. "CCSSO", "Council of Chief State School Officers" EdSteps, Epsilen and other marks, symbols or logos used by CCSSO and all product and company names and logos displayed on the Web Site, as the case may be, are the trademarks, service marks or trade names of their respective owners, including CCSSO. No display or use of such marks may be made without the prior written permission of CCSSO.
10.2 All materials provided on this Web Site (the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of CCSSO and/or its users. The Materials herein are protected by worldwide copyright and other intellectual property laws. Except as permitted herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means without the prior express written permission of CCSSO.
11. Third Party Rights.
The Agreement and the documents referred to in it are made for the benefit of the parties and their successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else.
12. Entire Agreement.
These Terms and Conditions and the other documents entered into contemporaneously with or pursuant to them, constitutes the entire agreement and understanding between the parties and supersedes any previous agreement or understanding between the parties with respect to all matters referred to in them.
13. Governing Law and Jurisdiction.
This Web Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to this Web Site, You agree that this Agreement is governed by and construed and enforced in accordance with the laws of Washington, DC as it applies to a contract made and performed in such state and that venue for any lawsuit shall arising out of this Agreement shall be in the state or federal courts located in the District of Columbia.
14. No Agency.
Nothing in the Terms and Conditions and/or Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.
15. Digital Millennium Copyright Act Notice.
CCSSO respects the intellectual property rights of others. CCSSO may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible at our Web Site in a way that constitutes copyright infringement, or that our Web Site contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
Our Agent for notice of claims of copyright infringement on or regarding our web site can be reached as follows:
BY MAIL:
One Massachusetts Avenue, NW
Suite 700
Washington, DC 20001
BY EMAIL:
margaretr@ccsso.org
BY TELEPHONE:
202.336.7032
BY FACSIMILE:
202.789.1792
Please provide our Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
16. Severability.
In the event any one or more provisions of this Agreement shall be declared illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality and unenforceability shall not affect the validity or enforceability of the other provisions hereof, which shall remain in full force and effect.
17. Modification.
The terms of this Agreement will not be modified on an individual basis. You agree that we may modify the terms of this Agreement (or discontinue this Web Site) in our sole discretion, without advance notice, and that your right to access this Web Site is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. You should therefore visit this page frequently.
18. Waiver.
Failure of CCSSO to enforce one or more of the provisions of this Agreement or to exercise any rights hereunder or to require at any time performance of any of the obligations hereof, shall not be construed to be a waiver of such provisions by CCSSO nor in any way to affect the validity of this Agreement or CCSSO's right thereafter to enforce each and every provision of this Agreement.
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